JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and order dated 4.2.2020 passed by learned 4th Addition District Judge, Ankleshwar, Dist. Bharuch in Regular Civil Appeal No.26 of 2018 rejecting the order dated 1.5.2018 passed by learned 2nd Additional Senior Civil Judge, Ankleshwar, Dist. Bharuch in Special Civil Suit No. 67 of 2015, the appellant has filed the present second appeal.

2. Heard learned Counsels appearing for the respective parties and perused the judgment and order passed by both the Courts below and also taken into account the material placed on record of the appeal.

3. The First Appellate Court has to apply its mind independently and frame the issues appropriately and independently. The provisions of Order 41 of C.P.C. provides that how the Appellate Court has to deal with the Appeal under Section 96 of the Code and the procedure is to be followed as per Order 41 of C.P.C.

4. In the recent judgment of the Hon’ble Apex Court in case of K. Karuppuraj vs M. Ganesan reported in 2021 (10) SCC 777, the Hon’ble Apex Court has held that while deciding the First Appeal, compliance of Order 41 Rule 31 of C.P.C. is mandatory.

5. In the recent judgment of the